Terms & Conditions
Who We Are
We are Saving On Tyres Ltd, a trading name that is part of Auto Garage Network Pvt Ltd, a company incorporated under the Companies Act 2006, registered in England and Wales under section 1115, given company number 10547695.
Our registered office and principal place of business is 229, ABBEY Lane, Leicester, LE4 5QH, UK. Our telephone number is +44 (0)1162611480 and our fax number is +44 (0)1162611480.
Please remember that throughout these terms when we mention “we”, “us” or “our”, we mean savingontyres.co.uk. When we refer to “you” we mean the user of our website.
About these Terms and Conditions
You are reading the terms and conditions for the use of the www.savingontyres.co.uk website (which we refer to as “this website”). These terms and conditions make a legally binding contract between us and you. Your acceptance of these terms and conditions is made by you using this website and is dated to your first use of this website. If you do not accept the terms and conditions or any part of them you should stop using this website immediately.
We reserve the right to make changes to these terms and conditions from time to time which will take effect from the date of posting on this website. Your continued use of this website will constitute your acceptance of any changes to these terms and conditions.
We may from time to time display additional terms and conditions on this website, for example in connection with a specific promotion or in connection with the sale of goods or services. If the terms and conditions for use of this website should conflict in any way with such additional terms then the additional terms will prevail.
When registering you must provide your address and personal details; we will save these details required for the order process. After the registration, you receive a password and an identifier for your account. You must ensure that the password and the account are not made available to any third party. You are obliged to inform saving on Tyres Limited immediately about any misuse of your password or account. Both contracting parties may cancel your account at any time without giving reasons. In such an event saving on Tyres Limited will deactivate or delete your account and all data saved.
Accuracy of the Website Information
This section should be read together with, and subject to, the section below entitled Further Information About our Liability to You.
The Website Information is provided “as is” and we make no representation, endorsement or warranty as to its accuracy. We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk. We reserve the right to make any changes to the Website Information without notice and without liability to you.
External websites to which we provide hypertext links are not under our control and we take no responsibility for them and shall not be liable in any way for their content.
This website, like any other, is susceptible to cyber-squatting and vandalism. We do not accept any responsibility for, nor liability in respect of, any information which appears on this website as a result of such actions.
The operation of this website depends on the input of information by you. The service provided by us depends on, and varies according to, the accuracy of such inputted information. We can, therefore, accept no responsibility for, nor any liability in respect of, the input of inaccurate information to this website by you and/or any third parties.
Should you find any inaccurate information on this website or have any complaint about what we have published on this website please send an e-mail to email@example.com We will investigate such e-mails on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.
About the Internet, Service Interruption, Viruses etc.
We and all other web publishers have no control over the Internet, which is a global public network of computers and the method by which you access this website. As a consequence and in common with most web publishers we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through this website.
Further Information About our Liability to You
So far as lawfully possible, we exclude all liability to you in contract or delict. We also exclude liability for any consequential or indirect loss which may be caused to you by us. Notwithstanding any other provision of these terms and conditions, nothing in these terms and conditions shall, or shall be construed as purporting to, exclude or restrict liability in respect of death or personal injury for breach of duty arising in the course of business or from the occupation of business premises.
About the Law relating to these Terms and Conditions
We are situated in England and the laws of England shall govern any interpretation of these terms and conditions. The English courts shall have jurisdiction in any disputes between us in respect of these terms and conditions and the use of this website.
Website Terms and Conditions of Sale
TERMS AND CONDITIONS FOR WEBSITE SALE OF TYRES AND TYRE FITTING SERVICES
In these Conditions:
‘SOTL’ means Saving On Tyres Limited. SOTL is a trading name which is represented by the company Auto Garage Network Pvt Ltd, incorporated under the Companies Act 2006 (Company 09583670) and having its registered office at 229 abbey lane, Leicester, LE4 5qh.
‘SOTL Site’ means the website published by SOTL on the World Wide Web of the Internet with the uniform resource locator https://www.savingontyres.co.uk
‘Conditions’ means these terms and conditions for website sale of tyres and tyre fitting services;
‘Contract’ means the contract for the purchase and sale of the Goods as constituted and evidenced by the Customer’s Order and the Order Confirmation;
‘Customer’ means the person whose offer for the Goods is accepted by SOTL;
‘Customer’s Order’ means an order from the Customer submitted to SOTL through the SOTL Site by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the SOTL website;
‘Force Majeure’ means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of SOTL or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery;
‘Fully Fitted Service’ means the service provided by SOTL for the sale of tyres to Customers via the SOTL Site and the subsequent arranging of fitting of such tyres to Customers’ vehicles using third party service providers;
‘Goods’ means the tyres (including any fitting of the tyres or any parts for them) or services which SOTL is to supply in accordance with these Conditions;
‘Mail Order Service’ means the service provided by SOTL via the SOTLwebsite for the sale and delivery of tyres only to Customers;
‘Order Confirmation’ means confirmation in Writing by SOTL of acceptance of the Customer’s Order issued prior to supply of the Goods to the Customer;
‘Writing’ includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.
2. BASIS OF THE SALE
2.1 NTL shall sell and the Customer shall purchase the Goods in accordance with the Customer’s Order and Order Confirmation, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such offer is made or purported to be made by the Customer.
2.2 The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the SOTL Site constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon SOTL to sell any item to the Customer.
2.3 No variation to these Conditions shall be binding unless agreed in Writing between authorised representatives of the Customer and SOTL
2.4 SOTL’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by SOTL in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
2.5 Any advice or recommendation given by SOTL or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by SOTL is followed or acted upon entirely at the Customer’s own risk, and accordingly SOTL shall not be liable for any such advice or recommendation which is not so confirmed.
2.6 Whilst every effort is made by SOTL to ensure no such error or omission occurs, any typographical, clerical or other error or omission in any sales literature, price list, website text, acceptance of offer, invoice or other document or information issued by SOTL shall be subject to correction without any liability on the part of SOTL
3. OFFERS AND SPECIFICATIONS
3.1 The Customer’s Order shall not be deemed to be accepted by SOTL unless and until the Order Confirmation has been issued to the Customer.
3.2 The Customer shall be responsible to SOTL for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving SOTL any necessary information relating to the Goods within a sufficient time to enable SOTL to perform the Contract in accordance with its terms. SOTL shall incur no liability resulting from inaccurate information being supplied by the Customer.
3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.
3.4 SOTL reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of SOTL
3.5 Subject to Clause 8.1, the Customer’s Order may not be cancelled by the Customer after the Order Confirmation has been issued except with the agreement in Writing of SOTL and on terms that the Customer shall indemnify SOTL in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by SOTL as a result of cancellation by the Customer of the Customer’s order.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price specified by SOTL in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in SOTL ’s price list or website text on the SOTL website current at the date and time of the Order Confirmation.
4.2 SOTL reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:-
4.2.1 Any increase in the cost to SOTL which is due to any factor beyond the control of SOTL (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture),
4.2.2 Any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
4.2.3 Any delay caused by any instructions of the Customer or failure of the Customer to give SOTL adequate information or instructions.
4.2.4 Any further work which is subsequently identified before or during the use of our Fully Fitted Service. The Customer will be notified of the identified work, and they will have the opportunity to proceed given the new quotation. A new printed quotation will be made available on request.
4.3 The price of the Goods shall be inclusive of any applicable UK Value Added Tax.
4.4 Our website contains a large number of goods and services and it is always possible that, despite our best efforts, some of the goods and/or services listed on this website are incorrectly priced. We verify the prices included in your order to us as part of our processing procedures so that, where goods and/ or services are incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.
5. TERMS OF PAYMENT
5.1 Subject to any special terms agreed in Writing between the Customer and SOTL. SOTL shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer’s Order. SOTL shall debit the Customer’s credit/debit card with payment in full for the Goods and applicable UK Value Added Tax on or after the date of the Customer’s Order;
5.2 The Customer shall be obliged to pay the price of the Goods on the date of the Customer’s Order. SOTL shall be entitled to recover the price of the Goods, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued on request by the Customer.
5.3 If the Customer fails to make any payment by the relevant due date or if payment is declined or not authorised by the issuer of the Customer’s credit/debit card when processed by SOTL then, without prejudice to any other right or remedy available to SOTL. SOTL shall be entitled to:
5.3.1 Cancel the Contract or suspend any further deliveries to the Customer;
5.3.2 Appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and SOTL ) as SOTL may think fit (notwithstanding any purported appropriation by the Customer); and
5.3.3 charge the Customer interest (both before and after any decree or judgement) on any amount unpaid, at the rate of four per cent per annum above the Royal Bank of Scotland base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
6.1 Where a Customer has booked the Mail Order Service, delivery of the Goods shall be made by SOTL or its nominated carrier delivering the Goods to the delivery address specified in the Order Confirmation or such other address as shall be approved of in advance by SOTL .
6.2 Where a Customer has booked the Fully Fitted Service, delivery of the Goods shall be made by SOTL when the Goods are fitted to the Customer’s vehicle by the fitting centre specified in the Order Confirmation or such other address as shall be approved of in advance by SOTL
6.3 Any dates quoted for delivery and/or fitting of the Goods are approximate only and not guaranteed and SOTLshall not be liable for any delay in delivery and/or fitting of the Goods howsoever caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by SOTL in Writing. Where the Mail Order Service is booked by the Customer, the Goods may be delivered by SOTL in advance of the quoted delivery date upon giving reasonable notice to the Customer.
6.4 If the Customer fails to take delivery of the Goods or fails to give SOTL adequate delivery instructions in the Customer’s Order then, without prejudice to any other right or remedy available to SOTL, may:
6.4.1 Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.4.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
6.4.3 Return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
6.5 Delivery of the Goods shall be evidenced by the return to SOTL of its or its authorised carriers’ official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 In the case of the Mail Order Service at the time when the Goods are delivered to the delivery address specified in the Customer’s Order or such other address as shall have been approved of in advance by SOTL; or
7.1.2 In the case of the Fully Fitted Service (subject to the terms and conditions of the relevant tyre fitting agreement between SOTL and the relevant fitting centre to the contrary which, if any such agreement exists, shall take precedence) at the time when the Customer is notified that the Goods have been fitted and are ready for collection.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to SOTL (including any applicable interest and charges) have been paid in full.
7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall keep the Goods separate from those of third parties and properly stored, protected and insured and identified as SOTL’s property.
7.4 Until such time as the property in the Goods passes to the Customer, SOTL shall be entitled at any time to require the Customer to deliver up the Goods to SOTL and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall be obliged to assist and allow SOTL to repossess the Goods.
7.5 The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Goods which remain the property of SOTL , but if the Customer does so, all moneys owing by the Customer to SOTL shall (without prejudice to any other right or remedy of SOTL) forthwith become due and payable.
8. RETURNS / EXCHANGES
8.1 In the case of the Mail Order and Fully Fitted Services and subject to Clause 8.2, within 7 days of the day after the day of delivery of the Goods to the Customer, or before the arranged fitting date, the Customer shall be entitled to cancel the Contract, return the Goods and receive a full refund (or where the goods have not been paid for, full credit), provided that the Goods have not been used in any way, are in the same good condition in which they were received by the Customer and are returned to SOTL. In such event the Customer shall be responsible for the costs of returning the Goods and shall indemnify SOTL or demand against all and any such costs. If SOTL agree to the collection of the goods, SOTL retains the right to charge the customer for any direct costs associated with the return of the goods. No additional administrational charge will be added in accordance with Distance Selling Regulations. savingontyres.co.uk customer service centre can be contacted for an accurate cost on returning goods as costs may vary depending on tyre specification and location. For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry’s website at: http://www.dti.gov.uk/
8.2 Subject to Clause 8.1, refunds to the Customer are entirely at the discretion of SOTL. In the event that SOTL, in their sole discretion, grant a refund to a Customer, any costs incurred by SOTL in procuring that refund shall be borne by the Customer.
8.3 Subject to your statutory rights (which shall not be affected by this provision), once fitted to your vehicle a tyre, or any other part cannot be exchanged.
9.1 SOTL shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer’s Order. SOTL shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.
9.2 SOTL shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow SOTL’s instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without SOTL’s approval.
9.3 Save as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.
9.4 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to SOTL in Writing within 48 hours from the date of delivery or fitting (in the case of Fully Fitted Service) or where the defect or failure was not apparent on reasonable inspection) within 24 hours after discovery of the defect or failure.
9.5 Subject to Clause 8.1, if delivery is not refused, and the Customer does not notify SOTL in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and SOTL shall have no liability for such defect or failure.
9.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to SOTL in accordance with these Conditions, SOTL shall be entitled to replace the Goods (or the part in question) free of charge or, at SOTL’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but SOTL shall have no further liability to the Customer or any other person.
9.7 Except in respect of death or personal injury caused by SOTL’s negligence SOTL shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of SOTL, its employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the Goods or their use or resale by the Customer, and the entire liability of SOTL under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9.8 SOTL shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of SOTL’s obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond SOTL’s reasonable control.
10. INSOLVENCY OF CUSTOMER
10.1 If the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), has a receiver, liquidator or administrator appointed over any of its property or assets, ceases, or threatens to cease, to carry on business, or if SOTL reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, then without prejudice to any other available right or remedy, SOTL shall be entitled to cancel the Contract or suspend any further deliveries without any liability to the Customer, and if the Goods have been delivered, but not paid for, the price of the Goods shall become immediately due and payable in full notwithstanding any previous agreement or arrangement to the contrary.
11.1 SOTL may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.
11.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
11.3 No waiver by SOTL of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
11.5 The Contract and these Conditions shall constitute the entire agreement between the Customer and SOTL in respect of the supply of the Goods and shall supersede all previous oral or written representations or agreements relating thereto. In particular, the Customer may not rely on any statements made by any employee, representative or agent of SOTL.
11.6 SOTL may assign the Contract with the Customer or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity. Unless otherwise agreed in Writing, the Customer may not assign either the benefit or the burden of any contract with SOTL .
11.7 The Contract shall be governed by the law of England and the Customer agrees to submit to the non exclusive jurisdiction of the English courts.
About Linking by Hypertext to our Website
Before providing a link to this website you must seek our permission. To do this, e-mail firstname.lastname@example.org with details of the URL which you wish to link to this website and the URL of the page on which you will be displaying the link. We do not permit the display of any web pages which form part of this website in any html frame unless we have expressly authorised such display in writing. Failure to comply with this request will result in reporting to the appropriate authorities and SOTL will not be held accountable for disclosure of full details to aid the appropriate authorities in identifying and holding to justice all those involved. If found guilty of such a breach, those responsible individual/s will become automatically liable for the cost/s arising for SOTL to remove such URL’s from our website.
Although we have checked as carefully as possible, we are not responsible for and accept no liability for the content contained in any linked third-party website. The sole liability for this lies with the owner/operator of the linked website.
About Copyright on our Website
For the purposes of these terms and conditions the expression “Website Information” means the images, graphics, text, applets and scripts operating, operating in, or which form part of, this website.
All intellectual property rights (including, without limitation, copyright) in the Website Information are owned by Auto Garage Network Ltd.
You may view Website Information in a web browser for private browsing purposes only. Copying Website Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted. You may not make a copy of the Website Information or any part of it for any other purpose without our prior written consent, which may be granted at our sole discretion (or where we do not own the copyright, we will direct you to the owner themselves for such consent). Nothing in these terms and conditions or on this website constitutes a license to use or copy the Website Information.
We may publish on this website images or text in which the copyright is not owned by us or which is not owned completely by us.